No charges against Warren Mayor James Fouts

Warren Mayor James Fouts will not be charged with a crime for a telephone tirade secretly recorded by one of his appointees, the Macomb County Prosecuting Attorney’s Office announced Friday.

In two profanity-laden recorded conversations, Fouts was furious about two former city employees whom he blames for some political struggles.

The mayor’s statements were investigated by Michigan State Police and the findings were turned over to prosecutors.

“Mr. Fouts’ statements violated no statute and do not form a criminal act under Michigan law,” Dean Alan, chief of warrants at the prosecutor’s office, said in a prepared statement.

In Michigan, a person found guilty of using a telephone or other telecommunications device to threaten, terrorize, intimidate, frighten, harass or annoy another person can be sentenced to six months in jail and a fine up to $1,000.

Officials pointed out the outburst regarded a person who was not a party to the phone conversation.

Fouts said Friday he was unaware of prosecutors’ decision until he was contacted by The Macomb Daily.

“I’m happy it’s over. It’s certainly a relief,” he said.

On Thursday, the second-term mayor apologized to a crowd of more than 700 people for the recorded comments and acknowledged he used “highly inappropriate language.” He told those attending the city’s annual National Day of Prayer observance that the incident left him “ashamed and embarrassed.”

The mayor told reporters afterward that a State Police officer interviewed him at city hall this week, at his request. He also said he hired lawyer Steven Kaplan, a former high-level Macomb County assistant prosecutor, as his attorney.

During the recorded comments, Fouts repeatedly used profanity and blamed two former city employees for changes to his Wikipedia profile despite efforts by a person he claims to have paid to clean up his online profile.

In a copy of the recording obtained by The Macomb Daily, the mayor says of one of the ex-workers: “If I had a baseball bat, I’d beat the f----- down to the f------ ground. I mean, it would take me just a little bit to get a f------ gun and blow his f------ head out. That’s how p----- off I am.”

In the second recorded call, Fouts says: “Well one of these days I’m just going to flip out, and I’m going to go over there and I’m going to take a 2-by-4 and beat the hell out of them. I may end up in jail. But I’m getting angrier and angrier,” he said.

Fouts, 70, is currently in his second term as mayor of Michigan’s third-largest city. He previously served 26 years on the Warren City Council, at times referring to Warren as “Scandal City USA.”

Fouts repeatedly claimed that the primary issue of the recorded conversation was a breach of trust and confidentiality that he believes any elected administrator should have with a political appointee.

On Friday, he said he had remained confident that no charges would be filed against him.

The often controversial and outspoken mayor said he has received numerous messages of support in the wake of reports that he was under investigation. He is confident the controversy won’t leave him politically scarred, either.

“I do not feel politically damaged,” Fouts said. “The political fallout will be minimal.”